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ODD VA change in claims ??


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https://www.stripes.com/vfw-argues-abrupt-va-change-will-erode-veterans-right-to-competent-representation-in-benefits-fights-1.624505?utm_medium=email&utm_source=Stars+and+Stripes+Emails&utm_campaign=Veterans+News

I didnt even now VSOS were really checking for errors before final  decisions are made......

In part:

“The VA is shifting the burden to veterans to discover its errors,” he said.

VFW National Commander William Schmitz argued it was an “inconceivable” change that would erode veterans’ right to competent representation in benefits claims. The group also questioned the timing of the change, which will be implemented as the country — and the Veterans Health Administration — responds to the global coronavirus pandemic."

I feel it has ALWAYS been our burden, as claimants, to discover their errors.

My former state reps didn't even know what a CUE was.

The HLRs are seeking errors,as some members have told us here, but how many do they let slip by??????

 

 

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When I was with the DAV, they told me that they would receive proposed rating decisions before the VA put them in the mail. If an issue occurred, they would catch it and kick it back to the VA for review. However, in practice, I usually received a letter from the DAV about two weeks after I had already received the letter in the mail. In many cases, I caught errors the DAV missed and submitted them for reconsideration or NOD/appeal on my own. I switched from the DAV to my state VA organization. I never received so much as a call or letter from them unless I first initiated the conversation. I became accustomed to doing my own error checking.

Based on my claims and CUE filings, it feels like that is the way it has always been. I have yet to see the VA proactively correct any error in my favor. I tell them about the errors either via reconsideration, NOD, appeal, or CUE, and they tend to concede the error.

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I had a de novo review a few years ago where the DRO granted some things on appeal and found that the VA erred in telling me I needed new and material evidence when reopening a claim. They fixed the error and moved my effective all the way back to the original date of claim. I probably would have appealed the effective date anyway but it’s nice it was caught. 
 

I just had supplemental claim completed where they granted claims but made the effective date the date that I submitted the supplemental when the effective dates should go back to October 2010. I just submitted a HLR. It was the exact same situation as above and I hope they fix it with me having to go back to the BVA. 

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2 hours ago, Vync said:

When I was with the DAV, they told me that they would receive proposed rating decisions before the VA put them in the mail. If an issue occurred, they would catch it and kick it back to the VA for review. However, in practice, I usually received a letter from the DAV about two weeks after I had already received the letter in the mail. In many cases, I caught errors the DAV missed and submitted them for reconsideration or NOD/appeal on my own. I switched from the DAV to my state VA organization. I never received so much as a call or letter from them unless I first initiated the conversation. I became accustomed to doing my own error checking.

Based on my claims and CUE filings, it feels like that is the way it has always been. I have yet to see the VA proactively correct any error in my favor. I tell them about the errors either via reconsideration, NOD, appeal, or CUE, and they tend to concede the error.

The VSOs do get 48 hours to review claims but most of the time they just let it expire or sign off on it without really reviewing them. 

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I talked to my VSO this A.M., who also happens to be a friend and IMHO a very good one. She was really upset. Said, on average , she catches 3 or 4 situations and gets them corrected before they become official. Just another example of the VA shooting themselves in the foot. I realize it take two days out of their process time, but how about all the time wasted if the veteran has to appeal. Let alone, how many veterans just give up and don't appeal. Takes away a benefit they are entitled to and will never receive. Stupid is what stupid does.

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First DBQ's, now the 48 hour rule.

Next????

“You never want a serious crisis to go to waste. And what I mean by that is an opportunity to do things that you think you could not do before.” ― Rahm Emanuel.

COVID-19,

Just sayin,

Hamslice

 

 

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My VSO was so helpful in me winning my claims I decided to fire him a long time ago.  I think he got me to about 30% and suggested that I not appeal my claims. I will admit I won and lost some but I am rated 100% P & T now no thanks to him.

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